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EUROPEAN AM. BK v. CAIN

79 A.D.2d 158 (1981)

European American Bank, Respondent, v. R. Michael Cain, Also Known as Garry Klinger, Defendant, and Pepe Motors Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 23, 1981

Attorney(s) appearing for the Case

Andrew J. Fiore for appellant.

Sahn, Shapiro & Epstein (Barry S. Gillman of counsel), for respondent.

HOPKINS, J. P., LAZER and MANGANO, JJ., concur.

DAMIANI, J.

The plaintiff, European American Bank, made a loan to defendant Cain to enable him to purchase a Mercedes-Benz automobile from defendant Pepe Motors. On January 16, 1976 Cain delivered his personal note to plaintiff in which he granted it a security interest in the automobile. The plaintiff issued its check for the proceeds of the loan and an additional $3, payable to both Cain and Pepe Motors. The...

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